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Terms and Conditions of Use
Last Revision: Friday, March 17th, 2006.
1. Introduction.
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1.1. General. Welcome to CampusTrade,
an online student-2-student trading network that connects users from
multiple academic and geographic settings. By using CampusTrade
web site (the "Web site") you signify that you have read,
understand, and agree to be bound by these Terms and Conditions of
Use (this "Agreement"). We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms
and Conditions of Use at any time without notice. If we do this, we
will post the changes to these Terms and Conditions of Use on this
page and will indicate at the top of this page the Terms and Conditions
of Use's effective date. Your continued use of the Web site after
any such changes constitutes your acceptance of the new Terms and
Conditions of Use. If you do not agree to abide by these or any future
Terms of Use, please do not use or access Web site. It is your responsibility
to regularly review these Terms and Conditions of Use and modify your
usage accordingly.
1.2. Ownership. "CampusTrade" is a Product
and Service of JaxPCs, Inc., a legally registered corporation in the
State of Florida. JaxPCs, Inc., its owners, partners, and board members
have full management rights of CampusTrade. |
2. Applicability and Domain.
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2.1. General. These Terms and Conditions
of Use constitute the entire agreement between you and JaxPCs, Inc.
regarding the use of the Web site and/or the Service, superseding
any prior agreements between you and JaxPCs, Inc. relating to your
use of the Web site or the Service. The failure of JaxPCs, Inc. to
exercise or enforce any right or provision of these Terms and Conditions
of Use shall not constitute a waiver of such right or provision. If
any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
2.2 Higher Law. JaxPCs, Inc. recognizes that there
is a higher law both of the State of Florida and of the United States
of America. Any conflict of issues between the above described entities
is purely coincidental and unintentional. You agree to consider all
sections of this Agreement legal unless explicitly ruled illegal by
courts of either the State of Florida or the United States of America.
2.3. In Case of Dispute. If there is any dispute
about or involving the Web site and/or the Service, you agree that
the dispute will be governed by the laws of the State of Florida without
regard to its conflict of law provisions. You also agree to the exclusive
jurisdiction and venue of the courts of the state and federal courts
of St. John's County, Florida and waive all defenses of lack of personal
jurisdiction and forum non conveniens. Any cause of action by you
with respect to the Web site and/or the Service must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. |
3. Eligibility.
You must be eighteen years of age or older to register as a member of
CampusTrade or use the Web site. Membership in the Service is void
where prohibited. By using the Web site, you represent and warrant that
you have the right, authority, and capacity to agree to and to abide by
all of the terms and conditions of this Agreement. CampusTrade may
terminate your membership and delete all your records for any reason,
at any time, without notice.
4. User Conduct.
You agree that no materials of any kind submitted through your account
will violate or infringe upon the rights of any third party, including
copyright, trademark, privacy or other personal or proprietary rights;
or contain libelous, defamatory or otherwise unlawful material. You further
agree not to harvest or collect email addresses, phone numbers, or other
contact information of users from the Web site by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated scripts to
collect information from the Web site or for any purpose. You further
agree that you may not use Web site in any unlawful manner or in any other
manner that could damage, disable, overburden or impair Web site. In addition,
you agree not to use the Web site to commit the following acts, at the
sole discretion and determination of JaxPCs, Inc. :
• falsely describe any product, service, item, tangible or intangible,
in any medium or venue on this Web site.
• post "Ads" containing content that is illegal or pornographic.
• create fake, frivolous, or redundant "Ads" for any purpose."
• use or attempt to use another's account, service or system without
written authorization from Web site, or create a false identity on this
Web site.
• "flood" or attempt to "flood" this Web site
with any information by posting an excessive number of "Ads," "Messages," or "Feedback."
• upload, post, email, transmit or otherwise make available any
content deemed to be harmful, threatening, abusive, harassing, vulgar,
obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise
misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising (beyond "Ads"), promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," "multi-level marketing programs,"
or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
5. User Content Posted on the Site.
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5.1. Responsibility. You are solely
responsible for the content, profiles, "Ads," "Messages," and "Feedback" that you publish, furnish, or display (hereinafter,
"post") on the Service, or transmit to other users (collectively
the "User Content"). You understand and agree that JaxPCs,
Inc. may review and delete or remove any User Content that in the
sole discretion and determination of JaxPCs, Inc. violate this Agreement
or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users.
5.2. Ownership.
By posting "User Content" to any part of the Web
site, you automatically grant, and you represent and warrant that
you have the right to grant, to JaxPCs, Inc. an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the
right to sublicense) to use, copy, perform, display, reformat, translate,
excerpt (in whole or in part) and distribute such information and
content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses
of the foregoing. |
6. Copyright Policy.
JaxPCs, Inc. respects the intellectual property rights of others. If you
believe your work has been copied in a way that constitutes copyright
infringement or are aware of any infringing material on the Web site,
please contact us at legal@CampusTrade.com
and provide us with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim
is infringing is located on the Web site; your address, telephone number,
and email address; a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
7. Links to External web sites.
The Web site may contain links to other web sites. JaxPCs, Inc., its subsidiaries,
and affiliates are not responsible for the content (especially product
or service descriptions), accuracy or opinions express in such web sites,
and such web sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked web site on CampusTrade
Web site does not imply approval or endorsement of the linked web site
by CampusTrade or JaxPCs, Inc. If you decide to leave CampusTrade
Web site and access these third-party sites, you do so at your own risk.
8. Disputes between Users.
You are solely responsible for your interactions (especially transactions)
with other CampusTrade Users. JaxPCs, Inc. reserves the right, but
has no obligation, to monitor disputes between you and other Users. JaxPCs,
Inc. urges all users to make use of the "Feedback System" as
a guide to dealing with other users.
9. The "Feedback System."
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9.1. Purpose. The "Feedback System"
on CampusTrade exists to assist users in evaluating the integrity,
authenticity, and identity of other users on CampusTrade.
9.2. Proper Usage. You may not take any actions
that may undermine the integrity of the "Feedback System."
JaxPCs, Inc. may limit the number of "Ads" and
listings you may place on the Web site based upon the level of your
feedback. If you earn a net feedback rating of -4 (minus four), your
membership may be suspended, and you may be unable to post "Ads
," "Message," or "Feedback." 9.3. Suggested
Usage. You understand that fraudulent users may exploit the
"Feedback System" to obtain a higher feedback score without
in reality transferring goods, products, or services. Therefore, you
also understand that the "Feedback System" is imperfect
and that executing trades or purchases through CampusTrade based
only on a user's feedback score is dangerous. |
10. Other Disclaimers.
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10.1. Content Accuracy. JaxPCs, Inc.
is not responsible for any incorrect or inaccurate Content posted
on CampusTrade Web site or in connection with the Service, whether
caused by users of the Web site, Users or by any of the equipment
or programming associated with or utilized in the Service.
10.2. User Behavior. JaxPCs, Inc. is not responsible
for the conduct, whether online or offline, of any user of the Web
site or User of the Service.
10.3. Privacy Policy. You understand the privacy
policy for CampusTrade and agree to the details within. You may
view the Privacy Policy by navigating to http://campustrade.com/privacy.php.
10.4. No Warranty. JaxPCs, Inc. provides no warranty,
expressed or implied, that the Service will be available, functional,
or operational at any time. The Service may be temporarily unavailable
from time to time for maintenance or other reasons. JaxPCs, Inc. assumes
no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of,
user or User communications. JaxPCs, Inc. is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment,
software, or failure of communications systems due to technical problems
or traffic congestion on the Internet or at any web site or combination
thereof. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS"
AND JAXPCS, INC. DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
JAXPCS, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF THE WEB SITE AND/OR THE SERVICE. JAXPCS, INC IS NOT RESPONSIBLE
FOR OUTAGES AND / OR MALFUNCTIONS OF THE SERVICE, ARISING FROM, BUT
NOT LIMITED TO: PROGRAMMING ERRORS, SERVER ERRORS (HARDWARE-RELATED
AND / OR SOFTWARE RELATED), POWER OUTAGES, NETWORK CAPACITY BREACHES,
SECURITY BREACHS, REGULAR MAINTENANCE, ACTS OF GOD AND / OR OTHER
HIGHER BEING(S), AND OTHER NATURAL OR SUPERNATURAL EVENTS.
10.5. No Consequential Damage Liability. Under no
circumstances will JaxPCs, Inc. be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of
the Web site or the Service, any Content posted on the Web site or
transmitted to Users, or any interactions between users of the Web
site, whether online or offline. |
11. Indemnity
You agree to indemnify and hold JaxPCs, Inc., its board members, owners,
subsidiaries, affiliates, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use of the
Service in violation of this Agreement or your violation of any law or
the rights of a third party.
12. Questions and Misunderstandings
In the event that you have questions about this Agreement, you agree to
cease and desist use of the Web site and contact JaxPCs, Inc. via email
at legal@CampusTrade.com.
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